desi3933
08-24 07:55 AM
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
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h1bmajdoor
07-08 05:01 PM
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
zeta7
03-23 11:35 AM
First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
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nick
08-21 06:14 PM
I485/I765 both for me and my wife Send to TSC on 2nd July and reach there on 5th july 7.00 a.m.
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allen
01-06 10:24 PM
I landed on December 2009 on a Sunday and did the visa stamping on monday, for the h1 they asked status in canada and i said i landed yesterday; got the visa stamp but in the annotations it says canadian resident; got through the POS without problems
Aah_GC
05-08 02:33 PM
lets get together and do something please.. we need to act this month..
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Lasantha
02-07 12:18 PM
http://www.cic.gc.ca/english/newcomers/about-pr.asp
"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."
Looks like you landed just a month after me. So we have the same time lines.
Hi Lasantha,
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."
Looks like you landed just a month after me. So we have the same time lines.
Hi Lasantha,
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
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Znan
09-02 11:03 PM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
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clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
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caydee
08-31 11:40 AM
Received CPO email 31Aug10:)
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redsox2009
11-18 10:10 AM
Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
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cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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makemygc
08-01 01:11 PM
My i-140 no. starts with SRC 06, is this also from Texas?
If you have I140 receipt with you, just look at the bottom. It will tell you if it was from NSC or TSC.
If you have I140 receipt with you, just look at the bottom. It will tell you if it was from NSC or TSC.
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logiclife
05-03 08:06 PM
Here is how the parties in general stand on immigration:
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
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10-12 10:43 AM
Check got cashed this morning.. July 3rd filer reached NSC at 11.04 AM... it was a long wait...
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sanju
10-09 05:00 PM
"Sorry, we are closed now." ???
Heck, no !!! I want fries with that !!!
For that you will have to come from the drive-through.... then say 'pardon me' 3 times pretending that you were not able to hear the person on the other side, drive to the window with your wallet still in your back pocket, and ask for fries to be handed to you before handing over the money.
BTW, don't forget to ask for ketchup otherwise you will not get it.
Heck, no !!! I want fries with that !!!
For that you will have to come from the drive-through.... then say 'pardon me' 3 times pretending that you were not able to hear the person on the other side, drive to the window with your wallet still in your back pocket, and ask for fries to be handed to you before handing over the money.
BTW, don't forget to ask for ketchup otherwise you will not get it.
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indyanguy
03-25 10:36 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
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Madhuri
02-17 04:52 PM
Your receipt number for this payment is: 1326-1716-9434-4395.
sina
08-01 01:45 PM
In the same boat and waiting.
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
n_2006
06-27 10:29 AM
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
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