WeShallOvercome
08-02 03:58 PM
I had an email conversation with my lawyer regarding 180 day portability.
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
Your lawyer is a wise person.. Although we know the count starts from Received date, we should plan with ND to be absolutely safe!
She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
Your lawyer is a wise person.. Although we know the count starts from Received date, we should plan with ND to be absolutely safe!
satyasaich
03-08 01:06 PM
just about to start
Karthikthiru
07-20 01:28 PM
The report shows 144,000 PERMs between March 28, 2005 - June 1, 2007 (NOT between oct 2006- march 2007). That i sover a period of 2years and 4 months. This is not bad as we all are thinking
Karthik
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
Karthik
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
ind_game
05-20 04:30 PM
Did any of you get the same letter with the same content below .........what baffles me is the last sentence that says "The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover."
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
Your help is really appreciated in this.........Sorry I am little bit pessimistic here......
FINAL UPDATE
HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY
My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.
::::::::::::::::::To recap::::::::::::::
I went to the Congressional office on 05/14/2009 morning.
Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
USCIS sent letter to my attorney on Friday (05/15/2009).
My attorney received it this morning (05/19/2009).
Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......
Here is the wording:
Quote""""""""""""""""""""""""
Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.
The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.
The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.
After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.
The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.
Sincerely
"""""""""""""""""""""""""""""""""""""Unquote
more...
sandy_anand
04-29 03:43 PM
Pappu, thanks for the list. I wonder why Lindsey Graham's name is not on your list?
rajuram
12-18 04:35 PM
qplearn that was a good one. !!!!!!:)
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....
While we all sit here discussing Gandhigiri, time is silently slipping by. New congress session is only two weeks away, but guess what � immigration is not even on the agenda���..
CIR has come and gone�.
Elections have come and gone�.
Lame duck has come and gone�.
I guess the season for waiting is still here�.may be for a very long time
more...
Gravitation
09-29 01:30 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
transpass
09-12 10:19 AM
Hi Bawa,
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
more...
rustamehind
07-18 07:12 PM
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
vsk74
01-05 12:54 PM
Hi,
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
more...
Totoro
05-02 09:25 AM
Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
ita
09-09 11:34 AM
Ah, so you are looking to purchase in Hyd. Here is the latest, if you already don't know.
There is a talk about HMDA which is an agency to overlook a project extending the Hyderabad to Bhongir in the East and to Medak in the west.
There will be strict implementation of plans for constructing new houses.
Realtors have already started marketing this and extracting high prices.
If you do have time to research, you can purchase land for cheap (around 3-4 thousand rupees per sql yard) in the outskirts.
Good luck.
No I don't know about HMDA though I'm going to google it .
I got your advice about buying land but don't think I got what you were saying totally.
Are you saying prices will go down/go up/there will be no houses (flats.lands,houses) available to buy? Appreciate it if you can reexplain.
Thank you.
There is a talk about HMDA which is an agency to overlook a project extending the Hyderabad to Bhongir in the East and to Medak in the west.
There will be strict implementation of plans for constructing new houses.
Realtors have already started marketing this and extracting high prices.
If you do have time to research, you can purchase land for cheap (around 3-4 thousand rupees per sql yard) in the outskirts.
Good luck.
No I don't know about HMDA though I'm going to google it .
I got your advice about buying land but don't think I got what you were saying totally.
Are you saying prices will go down/go up/there will be no houses (flats.lands,houses) available to buy? Appreciate it if you can reexplain.
Thank you.
more...
CADude
10-27 01:20 PM
I sent the email to ombudsman. Thanks for PM.
bp333
03-04 11:11 AM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
more...
Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
cheg
07-23 04:00 PM
Thanks for the quick reply. So in my case since my husband doesn't have a RD yet for our I-485 then once we do get our RD, we can calculate that 2 yrs from that time we'll have our card ordered as well. :D :D :D I'm crossing my fingers!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
more...
h1techSlave
03-04 12:31 PM
I am NSC EB3-I 2003 PD - no change. The status remains the same.
EndlessWait
07-06 01:50 PM
Cmon stop the rumour. Just because some of you sent the application on 2nd doesnt mean that they will honour it. If and if they do , there will be much more serious and valid lawsuit, because they've already issued a revision from 2nd July. Under law they have to give everyone a fair and equal chance (including the ones who haven't sent there application but were eligible as per old July bulletin).
So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..
2 cents
So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..
2 cents
Libra
09-11 05:22 PM
thank you gcwait, please also attend rally.
desi485
11-25 07:21 PM
Sir,
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?
Thanks,
Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!
ilikekilo
10-22 09:11 AM
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
Hey, tx for the PM, I sent the email, do we need to send a letter too?>
Hey, tx for the PM, I sent the email, do we need to send a letter too?>
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