Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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tp976
12-07 02:45 PM
Apahilaj,
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
gcpool
10-03 06:01 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?
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georchen
09-12 03:10 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
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prachisahoo
05-09 10:28 PM
Hello Friends
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
go_guy123
05-09 10:30 AM
I miss the good old Bush days and hope that McCain would have been the President.
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
more...
gkattalu
08-20 08:57 AM
My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
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akhilmahajan
04-14 09:54 AM
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
more...
kevin08
11-19 04:53 PM
Recieved standard reply from Senator's office.
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dtekkedil
07-05 01:25 PM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
more...
mhtanim
07-14 11:50 PM
I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
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jonty_11
04-10 02:36 PM
Thats what exactly I have been asking.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
more...
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krishnam70
06-18 11:23 AM
Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
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gc_chahiye
10-08 01:17 PM
It already does, if you have an approved I-140 based on your LC.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
more...
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vijjus
05-23 11:26 PM
(disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?
I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.
Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?
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nagio
02-19 01:03 PM
Your transaction ID for this payment is: 3MV80945BW982313X.
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EndlessWait
10-08 12:32 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
should add to there agenda.
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maag
05-30 10:49 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
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gauravster
07-08 04:10 PM
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
gchopes
02-02 11:35 AM
Is there any way we can work for our US employer from India on Indian salary? I am thinking a consulting company with presence in US and India (Manpower??) can set this up for us. So we will just be living in India and working remotely for the employer as a consultant. We will be paying indian taxes as the consulting company will be indian. Any thoughts?
zoooom
07-19 11:21 PM
This is great going guys...Lets keep the ball rolling. I am sure we can do it.
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