Cereal1965
07-12 02:40 PM
WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?
Thanks!
Thanks!
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voldemar
03-07 04:31 PM
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
Drifter
04-13 04:04 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
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kumar1
05-27 11:59 AM
Sure Buddy !! Sure !!
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
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mundada
06-25 01:40 PM
Subject: 13 years to get a green card through legal route!
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
gconmymind
04-02 07:40 PM
Thanks HV000
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glus
01-23 06:28 PM
hi all
do read this link given below:-
http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO
thanks
This is old...like two weeks old.....many people have already sent this letter..
do read this link given below:-
http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO
thanks
This is old...like two weeks old.....many people have already sent this letter..
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sammyb
11-19 04:54 PM
Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
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cagedcactus
11-08 11:48 AM
Hi friends,
I am from south east Michigan just like everyone else here standing in the never ending line of gruesome and crippled immigration system.
Let us come together and help IV achieve our goals.
It is high time, that we ask for what we deserve. And it wont come unless we stand up for ourselves.
thanks....
I am from south east Michigan just like everyone else here standing in the never ending line of gruesome and crippled immigration system.
Let us come together and help IV achieve our goals.
It is high time, that we ask for what we deserve. And it wont come unless we stand up for ourselves.
thanks....
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ras
05-22 06:10 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
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gc_chahiye
01-11 12:17 AM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.
However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...
I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.
hot each sunset
punjabi
09-17 12:07 AM
Hi,
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
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HypEss9
08-30 10:30 AM
If I have an advance parole valid till 01 Januray 2011 (for example) and I want to come back from India on 20 January 2011. I have applied a new advance parole for this journey. But if I will apply transit visa of UK and submit the AP that is valid till 01 Jan 2011 (as I will receive a new AP after 90 days of filing) what will be the validity of transit visa? Will it be 6 months or will it be last date on my AP? What I need to do while travelling back if validity of transit visa is based on current AP and not on renewed AP? Please suggest. Thanks.
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lostinbeta
12-31 01:34 AM
Owned Dan... no, I think I became someones beeyotch in this battle...LOL.
But yes... next time you and I will OWN ALL!!!!!!!
:bad: :bad: :bad: :evil: :evil: :evil:
But yes... next time you and I will OWN ALL!!!!!!!
:bad: :bad: :bad: :evil: :evil: :evil:
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ilwaiting
08-07 02:52 PM
Good Luck then!
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ItIsNotFunny
11-13 04:25 PM
Bump.... Someone - atleast 1?
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sc3
08-07 08:22 PM
I plead Guilty, but to lesser charges.
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
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ash0210
08-30 04:57 PM
I was amused by..."Undocumented is someone who had documents, but lost them"...Bravo...!!
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
hairstyles each-sunset-fl3
kokil
03-15 11:16 PM
In short how do I can look up at AACRAO database? I believe that is what USCIS follows.
GCard_Dream
01-03 04:06 PM
That sounds about right except "Contribution to IV" may have to increase from $100 to something more or every single member needs to contribute, which unfortunately isn't happening.
I am not sure what non-contributing members are waiting for. May be they need to ask their financial advisor if few hundred dollars of investment for their greencard isn't the best investment they can ever make. We would rather pay thousands of dollars in visa extensions but wouldn't contribute hundred dollars to IV so that we can have a GC faster. If this is not poor money management, I wonder what is.
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless
I am not sure what non-contributing members are waiting for. May be they need to ask their financial advisor if few hundred dollars of investment for their greencard isn't the best investment they can ever make. We would rather pay thousands of dollars in visa extensions but wouldn't contribute hundred dollars to IV so that we can have a GC faster. If this is not poor money management, I wonder what is.
Webfax: $0
Contribution to IV: $100
Coercing your friends to join & contribute: $240
Getting a GC: Priceless
ras
08-07 08:57 PM
Thanks EkAurAaya,
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
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