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  • Ramba
    10-21 04:07 PM
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.

    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.




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  • spicy_guy
    08-12 12:05 PM
    Also, how clearly he says, its for Money, and nothing else!
    So we are easy target to mint money and we tolerate everything. wow!




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  • ItIsNotFunny
    03-04 06:27 PM
    Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?

    You can check status of your case on line:

    https://egov.uscis.gov/cris/jsps/index.jsp

    It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.




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  • JulyFiler
    08-20 07:56 PM
    Yes, CA DMV takes quite a while to get clearance from DHS to validate your legal stay before they issue you DL.



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  • diptam
    08-13 02:09 PM
    lonedesi,
    Any word this ?

    As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.

    The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.

    How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??




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  • xyzgc
    02-08 01:50 PM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    When you hear incidents like this, its always like "girls are too much". On the contrary, when we hear of wives being beaten up by "educated husbands" boys are too much. This is all silly really.
    I have heard some indian females complaining all the time how males tend to dominate everywhere its not really true. In a relationship, anyone could be a dominant partner - male or female. Dominance also means responsibility and taking initiative. So its not all that bad. And it is certainly not a male prerogative!!

    Your case is a clear case of "external interference". Divorce is not a solution to cases like these. Its not like you are not getting along. You relationship is spoiled due to unwanted interference. Convince your wife that you and her always come first. You cannot make your parents happy at the cost of displeasing her and also the other way round.

    Stop trying to diplomatic and stop being a family-pleaser. If you don't like something, say it clear and upfront rather than pussy footing around it. I found that diplomacy does not work at all. It only sends wrong signals and eventually you end up putting a firm foot down, anyways.

    Get rid of the elders from your life. It means don't allow parents/siblings from either sides to interfere at all in any decision making. Get the inputs but make it clear its a joint decision made by husband-wife and they have no say in it. Don't allow your parents/in-laws to stay with you more than bare minimum necessary for the new-born.
    If it means making some career sacrifices, so be it. Its your baby and you need to take care of it finally.

    Retrospect - analyze what has gone wrong. Today, you find your wife is all wrong and you are all right but when you do the retrospect you'll find its not like that, in fact its never like that. Humans make mistakes and we must accept that.

    Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.

    If you are in the US, don't go to your home country unless its an absolute must. I found that every time I go there family and relatives end up giving tons of unsolicited advice. The intentions are good but I have to keep saying no (diplomacy doesn't work at all) and that gets very annoying eventually.

    Finally, if you have a career oriented working wife there are advantages to it. Its better to work instead of being a hopeless housewife.
    Yes, it also means you can't take things for granted but that's no reason you should end up with a sweet, traditional house wife who'll no longer be that way when hopelessness sets in.



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  • singhsa3
    07-20 12:37 PM
    Not really, The PD will be stuck sometime in 02 or 03. Thus, unless there are some changes in law, we are looking at 5-7 years wait.
    Also, I am not fabricating 750,000 number. This is the anticpated applicants, per Matthew Oh.
    750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!




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  • gc_on_demand
    04-30 02:58 PM
    I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..



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  • ameryki
    02-06 04:45 PM
    I-131 @t Nebraska Center

    Receipt Date: 14th Agug
    Notice Date: 24th Aug
    Received RFE
    USCIS received RFE on: 29th Nov

    Called them 3 times and everytime the same answer "pending and processing."

    Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.

    Just wanted to share my experience.


    sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc




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  • delhiguy79
    08-15 11:10 AM
    If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:



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  • swarnapuri
    04-03 09:26 AM
    There is a Similar thread in immigrationportal.com... where the statuses are maintained in a nice Excel sheet with lots of reports. Please check :
    http://www.immigrationportal.com/showthread.php?p=1392408#post1392408




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  • ragz4u
    03-08 09:49 PM
    http://www.mercurynews.com/mld/mercurynews/news/politics/14050693.htm

    Will continue updates tomorrow



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  • ronhira
    08-12 02:36 PM
    yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....




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  • Kodi
    06-19 09:54 AM
    I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.

    Could you please give more details of your case.
    How long was is pending?
    How long did it take for you to get the approval after your email?

    Thank you.



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  • h1techSlave
    04-17 07:58 PM
    After I have submitted the 485 receipt, my loan guy went to a meeting. I will hear back from him in a couple of days.

    485 does mean some thing to them. But they seem to avoid that so that they can charge more interest rate.

    Right now, there is huge demand for loans. So they are bringing in many artificial road blocks to increase interest rates.


    H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.

    But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.

    Do let us know how it goes. It will also be helpful to others in your situation. Good luck!




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  • gc_on_demand
    04-30 03:21 PM
    Will there be a voting today to decide to move further in this process ? OR commette chairman will decide based on hearing ...



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  • hazishak
    07-18 06:25 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.

    You just simply resend it.




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  • Green.Tech
    05-28 01:35 PM
    When are you folks going to wake up? :)




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  • GCwaitforever
    06-20 02:44 PM
    One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)




    xyzgc
    02-08 11:40 PM
    I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.

    I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.

    The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.

    What i understand from the issues,
    1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
    2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
    3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
    4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
    5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
    6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
    7. Be careful in laws can be bitches.

    Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.

    Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.

    wow, sounds incredible! I'm glad that you refused certain things point blank and not resorted to anything wishy-washy.




    jonty_11
    07-06 04:35 PM
    they dont want any 485s coming in because they worked on a Sunday which (like this VB fiasco) is unprecedented..and they want to take OFF until Oct now.....



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