guyfromsg
10-03 07:39 PM
Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
OK. If you read my posts I'm in the same boat, no LUD after FP. I called FBI finger print number and verified the results were sent to USCIS the same day. I didn't call USCIS. I was also worried like you about getting stuck in Name check. I joined the Yahoo Name check group and one kind individual answered my question (thanks John). See below.
FP and namecheck are independent.
a)FP checks
your fingerprints against FBI fingerprint
databases and the result comes back within couple
of days (or maybe even one day).
b)fbi namecheck
compares all combinations of your name
against FBI national namecheck program database
(86 million records).
This one comes back faster (they say less
than 6 months) if there are
no hits , but if there is some hit ....then
human person needs to clear all hits by requesting
copy of the paper documents from any /all
of the 250 FBI offices across USA . So this
is time consuming process and some of us have
been waiting for over one year , two years , three
years etc.
the LUD thing has no significance. you cannot
interpret much from lud and it causes
unnecessary anxiety . some people don't get any
luds from receipt date until approval.
try a service request first to find out if your
namecheck is pending .if you get a letter saying
"processing of your 485 is delayed because
investigation into your background remains open"
or something like that , then it means the namecheck
could be pending !
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
OK. If you read my posts I'm in the same boat, no LUD after FP. I called FBI finger print number and verified the results were sent to USCIS the same day. I didn't call USCIS. I was also worried like you about getting stuck in Name check. I joined the Yahoo Name check group and one kind individual answered my question (thanks John). See below.
FP and namecheck are independent.
a)FP checks
your fingerprints against FBI fingerprint
databases and the result comes back within couple
of days (or maybe even one day).
b)fbi namecheck
compares all combinations of your name
against FBI national namecheck program database
(86 million records).
This one comes back faster (they say less
than 6 months) if there are
no hits , but if there is some hit ....then
human person needs to clear all hits by requesting
copy of the paper documents from any /all
of the 250 FBI offices across USA . So this
is time consuming process and some of us have
been waiting for over one year , two years , three
years etc.
the LUD thing has no significance. you cannot
interpret much from lud and it causes
unnecessary anxiety . some people don't get any
luds from receipt date until approval.
try a service request first to find out if your
namecheck is pending .if you get a letter saying
"processing of your 485 is delayed because
investigation into your background remains open"
or something like that , then it means the namecheck
could be pending !
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ash0210
08-26 03:42 PM
I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!
C'mon...Guys, come to Ohio..you will get DL for 4 years..
C'mon...Guys, come to Ohio..you will get DL for 4 years..
logiclife
02-28 06:51 PM
Please stop posting stories and anecdotes about philosophical things like money versus family, etc. etc.
That is a sociological topic not immigration one. A person making his choice to try to settle here in USA or in India has nothing to do with this website. This website is for people who have already made a conscious decision to try to settle down here and obtain the Greencard asap which is the first step in that direction.
Making a choice between USA and India is something you have to do before you decide to contribute or join this organization.
Thanks for understanding and please discontinue posting on this thread.
--logiclife.
That is a sociological topic not immigration one. A person making his choice to try to settle here in USA or in India has nothing to do with this website. This website is for people who have already made a conscious decision to try to settle down here and obtain the Greencard asap which is the first step in that direction.
Making a choice between USA and India is something you have to do before you decide to contribute or join this organization.
Thanks for understanding and please discontinue posting on this thread.
--logiclife.
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arnab221
04-14 05:55 PM
Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)
A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment
Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.
The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.
Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.
Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.
"What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.
The hotel estimates the total cost of the package at $45,000.
Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.
For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.
"We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."
The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.
The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.
Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.
In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.
The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.
The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.
Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.
"It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."
Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.
"It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.
Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."
Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.
"Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.
Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.
Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.
"If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.
"What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"
The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.
A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment
Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.
The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.
Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.
Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.
"What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.
The hotel estimates the total cost of the package at $45,000.
Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.
For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.
"We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."
The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.
The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.
Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.
In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.
The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.
The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.
Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.
"It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."
Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.
"It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.
Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."
Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.
"Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.
Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.
Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.
"If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.
"What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"
The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.
more...
vivsimmi
12-05 12:25 AM
Hi GCNirvana,
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
Prophet
05-19 01:22 PM
sorry peeps, im anti database it would seem!! lol
i just havnt seen the benefits of it yet... for now ill just stick to flashing clients ;) lol (heh i say it like ive had hundreds already as well! :P )
so wuld u suggest i learn it if im to go into web designing or concentrate more on mastering Flash MX and Fireworks MX (and wen i eventually get it Dreamweaver MX) for now?
Prophet.
i just havnt seen the benefits of it yet... for now ill just stick to flashing clients ;) lol (heh i say it like ive had hundreds already as well! :P )
so wuld u suggest i learn it if im to go into web designing or concentrate more on mastering Flash MX and Fireworks MX (and wen i eventually get it Dreamweaver MX) for now?
Prophet.
more...
n_2006
01-07 09:02 PM
What kind of information you are looking for? Their client list?
going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
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dilbert_cal
03-17 02:22 AM
1. Whats wrong with the profile - care to elaborate ?
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
more...
deafTunes123
08-28 09:48 AM
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
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pappu
10-06 01:33 PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
I feel nice to have found my appu on this forum!!:D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
I feel nice to have found my appu on this forum!!:D
more...
immitul
08-21 04:21 PM
IVUser, good that you have started this thread and put forward very useful information. It helps us in taking the right decision.
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ivgclive
08-17 12:02 PM
EB2 or EB3?
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
more...
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gotgc?
12-19 05:00 PM
You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
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Pallavi79
02-10 03:39 PM
<quote>A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR
EAD is like a carrot in front of the cart. GC is like eating the carrot</quote>
EAD is like a carrot in front of the cart. GC is like eating the carrot</quote>
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indyanguy
08-19 11:28 AM
OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
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Tito_ortiz
03-08 10:59 AM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
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vivsimmi
12-05 12:25 AM
Hi GCNirvana,
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
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DesiGuy
10-14 08:47 AM
surprising to see EB3 move by 3 months (to Oct 2001).
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siravi
11-20 04:42 PM
got it--just followed abhijitp's thread. Thanks.
rsayed
02-22 10:56 AM
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
...I don't mean to sound skeptical, but it is my firm belief (after watching the series of events over the last 8 months), that nothing is final till it's final.
Though, this kind of encouraging news pops up every now and then in the media - we have to (as part of the IV group), work toward getting our provisions passed in whichever Immigration Bill that is on the floor for discussion.
It's surprising that IV is the only group representing the "highly skilled group" and though 100s' of thousands have been affected by the "retrogression" phenomena, we have just about 9000 members...
Let's hope something concrete gets done, this year!
Hope 2007 is the year which puts to rest all the uncertainties we face...
...I don't mean to sound skeptical, but it is my firm belief (after watching the series of events over the last 8 months), that nothing is final till it's final.
Though, this kind of encouraging news pops up every now and then in the media - we have to (as part of the IV group), work toward getting our provisions passed in whichever Immigration Bill that is on the floor for discussion.
It's surprising that IV is the only group representing the "highly skilled group" and though 100s' of thousands have been affected by the "retrogression" phenomena, we have just about 9000 members...
Let's hope something concrete gets done, this year!
Hope 2007 is the year which puts to rest all the uncertainties we face...
dewdrop
07-19 03:31 PM
Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!
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