jungalee43
03-05 08:31 PM
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
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gc_on_demand
04-30 02:47 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
nixstor :)
Thank you .. keep posting..
perm
09-10 10:47 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
So, are we guys just sit and watch?? and post replies here?
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
So, are we guys just sit and watch?? and post replies here?
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NolaIndian32
05-24 04:49 PM
Please contribute IVians. We need your support to lobby for the current bills which have been introduced.
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.
Got GC Stress??
Contribute To IV Today!!
more...
indyyy
04-11 03:02 PM
No, unfortunatelly, there are many thousands like me.
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?
wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
more...
eastindia
03-06 09:38 PM
Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
Life in USA is far better than India and will always be until India controls its population, curroption and poverty.
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JunRN
09-28 07:34 PM
In , it was mentioned that three weeks ago, there were still 26,000 visas available as per official reply from USCIS to an inquiry. I cannot imagine how USCIS can use up all those in just three weeks. For this reason, I believe that there will be "wild" approvals this weekend.
What makes us mad is by end-June, DOS and USCIS said that no more visas are available and made July VB unavailable. Good that there was reversal of this VB and we're able to apply.
What more can we do but "sigh". Atleast for my case, I will get the interim benefits which I badly need.
What makes us mad is by end-June, DOS and USCIS said that no more visas are available and made July VB unavailable. Good that there was reversal of this VB and we're able to apply.
What more can we do but "sigh". Atleast for my case, I will get the interim benefits which I badly need.
more...
manishs7
07-20 04:18 PM
We can make video of Hilary and Obama pro statements about Legal Immigrants and then show their actual voting record...
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Ahimsa
02-26 03:42 PM
After 3 years and 3 months, my labor case is certified online today 2/26/07
more...
saimrathi
07-06 11:33 AM
Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
This is only my view...
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
hot troopers, Attitude
va_dude
04-27 07:58 AM
Check this out for FHA loans...
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
Section 3. c
Talks about EAD.
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
Section 3. c
Talks about EAD.
more...
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ragz4u
03-16 09:47 AM
I see, still nothing on the real player.
'We are doing the best we can, it should be up and running soon'
I hate this default answer...perfect time for them to mess it up....arrgghhhh
'We are doing the best we can, it should be up and running soon'
I hate this default answer...perfect time for them to mess it up....arrgghhhh
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sri1309
03-06 03:10 PM
I agree. EB3-I would go U for rest of the year.
I wish EB3-I and EB2-I go to U in this bulletin. It may be possible then, that people will start acting. Else we keep doing this every month. Look what we did this time last year or 2007. Same dreaming about the bulletin and then wait for next month.
God "make this bulletin U for all folks and , then they will start making some noise atleast"..
Who stopped us to write to senators and President who has even a Website open to take our feedback..
I wish EB3-I and EB2-I go to U in this bulletin. It may be possible then, that people will start acting. Else we keep doing this every month. Look what we did this time last year or 2007. Same dreaming about the bulletin and then wait for next month.
God "make this bulletin U for all folks and , then they will start making some noise atleast"..
Who stopped us to write to senators and President who has even a Website open to take our feedback..
more...
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mpadapa
08-13 05:18 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
Getting HR 5882 / S 3414 (recapture bills) through congress is the only hope for EB3's.
Changing the spillover will not help EBI because in both the spillover interpretations EB3I is the last in the chain. The only reason EB3I benefited from earlier spillover interpretations was because there weren't any ripe EB2-I cases available and it spilled over to EB3I. Reverting to the old spillover interpretation will not benefit EBI but sure it will benefit EB3-ROW.
Let us focus on getting the recapture bills through. Call u'r congressman/senator and start pushing for the recapture bill. EB3I has been benefited until now because of the AC21 recapture. Now it is time for another recapture.
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yagw
07-11 02:08 PM
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
more...
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addsf345
11-08 02:09 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
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mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
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bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
HV000
07-22 12:07 PM
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
w3313
03-31 08:20 PM
How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
I don't think insane is enough to describe that person Dard-E-Disco thought process, people know very little about the process delay's or troubles caused by the USCIS delay's. Either this personDard-E-Disco is either ignorant or doesn't know what he/she is talking about. I doubt if Dard-E-Disco knows how it would be for some one to wait 7 years for any immigration process and watch USCIS screw-up the FIFO process and how the customer service at USCIS is cannot differentiate between a RD and PD better than that I suggest this person to read the AMBUDeSMEN report if you don't what it is just google for it , after you read the report and recommendations come back and post your wise comments. I urge you to please read the ambudsmen report before making loose comments
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