ImmigrationAnswerMan
07-24 12:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Gray_xx
05-28 10:33 AM
i vote for soul he is the best ugly site maker i ever saw !~!!:)
abhisam
01-08 02:01 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
Thank you for your reply!
Thank you for your reply!
ghost
09-19 04:32 PM
agreed, I just mean that publicly we whould not be asking explicitly to increase visa numbers.
It depends on who our audience is:
In interviews with newspapers for example, going into specifics like increasing visa numbers puts off the avg American, bec all he reads is increasing immigration.
But in speaking with a knowledgeable audience, like of course when approaching politicians, this can and should be done.
Excellent Strategy
It depends on who our audience is:
In interviews with newspapers for example, going into specifics like increasing visa numbers puts off the avg American, bec all he reads is increasing immigration.
But in speaking with a knowledgeable audience, like of course when approaching politicians, this can and should be done.
Excellent Strategy
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black_logs
04-12 04:44 PM
It's like a scam. I wonder how could labor substitution live for so long. My labor was filed in sep'2003 and I'm still waiting. My next door was planning to go back to his country and had never applied for Green card, but 6 months ago, when he had 2-3 months left for his 6th year, he got a labor and he filed I-140 & I-485 together. Now he and his wife works on EAD & I'm still waiting for my labor. What kind of @#@$@# is this ? And who know before my attorney receives my labor cert. it'll allready be 45 days and I will have to pack my bags. that'll be @#$@#$!!!!
Desi Unlucky
09-20 08:21 PM
Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
more...
Madhuri
07-11 11:02 PM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
more...
%252520Girls\x27%252520generation%252520-%252520Gee%252520(Japanese%252520version).jpg "Girls Generation Gee Japanese")
hoolahoous
03-18 10:51 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
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Berkeleybee
05-17 01:35 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
kabeer_g
01-12 01:54 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
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feblc2002
02-03 04:45 PM
Congratulaions ivar. I guess your dates became current couple of months ago. It took so long for them to approve it ? Could you please give some details on when you got approval notification?
India_USA
01-21 01:40 PM
My mom, after watching "Shankara Baranam" extended a technique to my memorizing the multiplication tables. She would wake me up early in the morning, and I had to memorize my tables sitting under the back light of my house. I did not like doing it, but it sure helped me memorize my tables faster! My mom believes that I remember my tables to this day because of her.
My younger brother (who was around 4) would wake up a little while later, and check on me to see whether I was studying or sleeping. He definitely would run to tell my mom if i was dozing off!! I probably was more angry with him (then) than with my mom. My brother does not remember much of this, but we do talk about the whole incidence as a joke!
My younger brother (who was around 4) would wake up a little while later, and check on me to see whether I was studying or sleeping. He definitely would run to tell my mom if i was dozing off!! I probably was more angry with him (then) than with my mom. My brother does not remember much of this, but we do talk about the whole incidence as a joke!
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cal_dood
12-10 04:17 PM
Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
knowDOL
08-24 10:32 AM
These may be the GC visas issued from consulates in India. THere is one more list for AOS and the numbers for India for 2005 for 1st, 2nd and 3rd pref employment category are as follows.
6,336
16,687
23,250
http://travel.state.gov/pdf/FY05tableV.pdf
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
6,336
16,687
23,250
http://travel.state.gov/pdf/FY05tableV.pdf
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
more...
Aakaash
10-25 10:38 AM
I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.
Ramba
01-23 06:51 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
jeny
08-06 08:39 AM
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Steve Mitchell
November 8th, 2003, 10:50 PM
To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
sanjuatl
09-04 10:40 AM
I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .
As I remember, the validity is one year.
As I remember, the validity is one year.
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