desi3933
06-24 10:29 PM
desi3933,
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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ajju
09-07 12:24 PM
I have master's degree from US and 6 years of experience
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
urdost
07-19 01:38 PM
EB 2 / PD May'05 / Reached NSC on July 2nd'07 @ 9:01 AM
PERM Labor approved in '06
I -140 approved in '06
PERM Labor approved in '06
I -140 approved in '06
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EkAurAaya
10-10 03:06 PM
My folks are here visiting... so it will be difficult for me to attend... but i will try
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amitjoey
06-27 06:50 PM
We need contribution now. If you feel that IV has helped you, please contribute.
shirish
05-21 01:53 PM
I think it is still June 29 2007
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.
what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.
more...
vxg
08-03 03:26 PM
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
2010 Epic middot; Flight of fantasy
Administrator2
06-30 12:20 PM
"There have been some discussions on administrative fixes on immigration. " - Anything that is of interest for Legal immigration such as visa recapture?
Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
more...
adhantari
07-30 04:49 PM
Let the BS(brain storming) begin......................:D
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chanduv23
08-04 09:35 AM
o.k...I hope you are correct. but how do you explain this ..my friend with a PD in 2004 EB3 had submitted incomplete medicals for his wife as they were expecting a addition in the family ..they submitted during the fiasco with RD in july / aug 2007 ..however no RFE's so far ?? (TSC shows processing dates in end aug 2007 ..which could mean that they are processing sept cases )
Same with one of my friend - his PD is EB3 2005 India - he never received his FP as yet and is just planning to wait it out. Gets his EAd and Ap renewed regularly.
Same with one of my friend - his PD is EB3 2005 India - he never received his FP as yet and is just planning to wait it out. Gets his EAd and Ap renewed regularly.
more...
reddymjm
10-07 10:11 AM
USCIS has specified that they would have processed all the records into a single database by 29th October.
Does this not mean that there could be a forward movement in the Nov bullietin ?
Could be -ve too .We will all be surprised if we see a +ve movement.
Does this not mean that there could be a forward movement in the Nov bullietin ?
Could be -ve too .We will all be surprised if we see a +ve movement.
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kondur_007
09-29 11:05 AM
The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
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ArunAntonio
07-09 02:57 PM
The core IV objective is "The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. "
and that is exactly what this effort is about. It is a different and fresh approach. This is a grassroots effort which aims at educating and making people aware of our problems. what is it that you dont agree with this approach?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
and that is exactly what this effort is about. It is a different and fresh approach. This is a grassroots effort which aims at educating and making people aware of our problems. what is it that you dont agree with this approach?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
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webm
05-21 03:36 PM
They could be using some distributed web caching like akamai.
Cheers,
-b
Processing Times page not working--are they updating??
https://egov.uscis.gov/cris/jsps/Pro...viceCenter=TSC
Cheers,
-b
Processing Times page not working--are they updating??
https://egov.uscis.gov/cris/jsps/Pro...viceCenter=TSC
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smsthss
12-07 10:43 AM
what is the typical processing time stated by USCIS on its website for issuing EAD card. Where in USCIS website is it mentioned?
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sam_hoosier
05-07 10:47 AM
hebbar77,
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
Get a sense of humor, dude ;)
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
Get a sense of humor, dude ;)
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redcard
02-19 03:13 PM
RedCard,
Have you ever checked your balance? . Please go through insurance documents you would discover the truth. let me know after checking your balance how much you have in account/how much you paid.
Thx,
21stIcon
I am not sure what you mean by this... I have a schedule which lays out the exact amount which is payable in case you terminate the policy before the end of the level term period... which is about $1K in the first five years and hardly anything in the initial years but increases at the end of the term period..that apart you can either pay lump sum premium annually or you can pay monthly�.
Let me know if this helps� or be more specific so that I can check..
Have you ever checked your balance? . Please go through insurance documents you would discover the truth. let me know after checking your balance how much you have in account/how much you paid.
Thx,
21stIcon
I am not sure what you mean by this... I have a schedule which lays out the exact amount which is payable in case you terminate the policy before the end of the level term period... which is about $1K in the first five years and hardly anything in the initial years but increases at the end of the term period..that apart you can either pay lump sum premium annually or you can pay monthly�.
Let me know if this helps� or be more specific so that I can check..
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ganesha
08-23 04:51 PM
Same with me too. My application was moved from NSC to TSC and has been lying there since then. Hasn't been assigned to an officer yet:mad:
I never had any RFE, but my case has been bounced around for no reason. From TSC->CSC->TSC and I am told that it is not even pre-adjudicated not even assigned to any officer as yet. I have yet to see any more illogical organization other than USCIS. :mad:
I never had any RFE, but my case has been bounced around for no reason. From TSC->CSC->TSC and I am told that it is not even pre-adjudicated not even assigned to any officer as yet. I have yet to see any more illogical organization other than USCIS. :mad:
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reddymjm
01-26 05:06 PM
I was not optimistic about EB3 situation a while ago but the situation has changed, i think we are fast approaching the end of this dark tunnel and we will soon see light :)
Only for a little while after that agian dark for an year.
Only for a little while after that agian dark for an year.
oliTwist
11-17 04:46 PM
My god! Check this out!
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/16/MNSL145QF5.DTL
What do you think about this? Is this something related to this discussion?
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/16/MNSL145QF5.DTL
What do you think about this? Is this something related to this discussion?
mrsahaayam
03-15 08:53 PM
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.