mannan74
12-01 03:39 AM
From Drak70: Of all the responses I think this has a definite plan of action for Mehul, Please do as Drak says. May God bless you and your family.
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
sri1309
07-04 07:07 AM
Congratulations to you.
Your 5 year wait is finally over.
Thanks,
Sri..
Your 5 year wait is finally over.
Thanks,
Sri..
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javadeveloper
07-20 02:15 PM
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
more...
Saralayar
09-04 02:43 PM
Bump /\/\/\/\
Lasantha
07-05 12:57 PM
Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.
Thanks Crystal and nfinity for the explaination. Sounds like a great idea. Count me in.
Thanks Crystal and nfinity for the explaination. Sounds like a great idea. Count me in.
more...
GumI485
05-23 01:19 PM
Sent to 2+10 senators.
2010 Plug your phone
supreet
07-09 12:45 PM
Any suggestions?
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sreeanne
11-21 10:11 AM
I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
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FinalGC
09-01 10:58 AM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
more...
vallabhu
07-02 10:00 AM
My Attorney mailed 225 Packages via DHL shipped at June 30 12:00 EST on Saturday, I was 5 minutes late so mine went on 4:00 PM FEDEX.
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
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Macaca
07-08 09:14 PM
140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)
The following argues that it is hard for this cap to reach exactly on the end of every month.
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
The following argues that it is hard for this cap to reach exactly on the end of every month.
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
more...
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gujju
08-20 09:20 PM
No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
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anilkumar0902
10-08 02:56 PM
Many opinions have been expressed here. It is very tough to read through a few stories, coz each one of those must have suffered through this whole process..We have to feel proud of ourselves that we have withstood this whole process and are hoping for a bright day ...one day...some day soon.
Due to the new overload/frontlog of applications filed, at least, if the duration for EAD and AP can be increased from its 1 year expiration to 3 years, it will bring in some sort of security and relief. Just like, one can extend H-1B for 3 years, if your I-140 is approved, there should be a policy to get an EAD and AP for 3 years if you have applied for 485 and have been waiting for more than an year or say, 6 months.
We do not really know, if a major overhaul is in the near future, but such changes can help in providing interim relief.
What do you say, friends ?
Due to the new overload/frontlog of applications filed, at least, if the duration for EAD and AP can be increased from its 1 year expiration to 3 years, it will bring in some sort of security and relief. Just like, one can extend H-1B for 3 years, if your I-140 is approved, there should be a policy to get an EAD and AP for 3 years if you have applied for 485 and have been waiting for more than an year or say, 6 months.
We do not really know, if a major overhaul is in the near future, but such changes can help in providing interim relief.
What do you say, friends ?
more...
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sidd
04-19 07:25 PM
Hi Folks,
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
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pcs
03-08 02:15 PM
This will really help. Simple things like posting on various web site forums about IV will be great
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nefrateedi
09-18 10:34 AM
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
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hindu_king
05-08 05:36 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
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gccovet
02-09 01:37 PM
Done with paypal.
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
desi3933
05-11 05:16 PM
we are talking about inclusion logic here. Not the exclusion logic.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
chalamcharla
10-10 02:13 PM
Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:
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