gc_chahiye
12-18 08:11 PM
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
wallpaper Andrew+vanwyngarden+
UNFLUX
02-03 01:16 AM
the trend continues...
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
soul and eilsoe were my favs as well. But, [sigh] I had to decide
of course. And I did, bravely and valiantly.
Nice work everyone!
/unflux
:goatee:
psam
04-22 11:31 PM
I doubt this law will cause any trouble. For analogy, there are laws around carrying current insurance papers. Once I didnt have my current insurance, since every six months new ones get mailed and I forgot to keep them in the car. I showed the police officer my previous expired insurance and mentioned that the insurance-id is the same. He accepted it and asked me to carry the current copy in future.
2011 Date Taken: Feb 22, 2011,
ajju
02-27 04:26 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)
Since AOS can convert to CP.. I think it should be possible otherway too...
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)
Since AOS can convert to CP.. I think it should be possible otherway too...
more...
pappu
02-21 02:45 PM
This is the first time I am hearing about this. If there are more such instances/OP can provide his full details, IV can ask USCIS if this is true.
vrbest
09-10 01:01 PM
Still pending... Just checking to see if there are many waiting like me
Thx
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
Thx
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
more...
eb3_nepa
06-28 10:34 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
2010 andrew vanwyngarden,
aj_jadeja
03-21 11:20 AM
will take care of CO.
thx
thx
more...
illusions
02-20 05:21 PM
did anyone save that pdf on that link? i would like to see what it had to say.
hair Andrew VanWyngarden (MGMT)
god_bless_you
02-20 06:21 PM
Office of Communications
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
more...
JunRN
07-16 11:47 PM
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
This is the same argument used by anti-immigrants.
I am a nurse so we better flood the job market; don't you think so?
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
This is the same argument used by anti-immigrants.
I am a nurse so we better flood the job market; don't you think so?
hot Models: Andrew VanWyngarden
rameshvaid
06-02 02:12 PM
Two from our family.
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
Pls. forward the link to your family and friends..
Excue me for misspelling your name.."MICOFROST"
RV
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
Pls. forward the link to your family and friends..
Excue me for misspelling your name.."MICOFROST"
RV
more...
house Andrew VanWyngarden - MGMT
ItIsNotFunny
12-02 04:54 PM
Hi,
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor
...
Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
This is not good. Either USCIS is doing a terrible job or you gotta change lawyer!
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor
...
Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
This is not good. Either USCIS is doing a terrible job or you gotta change lawyer!
tattoo andrew vanwyngarden. and
pcs
07-10 08:36 AM
We can keep sending emails / call the CNN President.
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
more...
pictures mgmt Andrew VanWyngarden Ben
pete
12-13 04:18 PM
They have to deal with this or else we are not getting anywhere.
Peace to you too!
Peace to you too!
dresses Andrew Vanwyngarden from MGMT
gc_on_demand
11-21 12:12 PM
http://www.change.gov/agenda/immigration_agenda/
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
more...
makeup Tags: andrew vanwyngarden
Berkeleybee
02-05 01:11 PM
All,
Another thought: the flyer we have now was a good start, and at the time when we started we didn't have other material in place.
But esp in places which have a real bulletin board where information will stay on for a while, I think we should give out a little more information on who we are, what the problems is and what we are asking for.
So at a place like ICC, maybe we should pin a copy of our brochure, and another sheet formatted like the brochure in which we give instructions on how to donate money.
The brochure format and content also looks professional, more credible than a flyer that resembles flyers for rentals, car sales etc etc.
best,
Berkeleybee
Another thought: the flyer we have now was a good start, and at the time when we started we didn't have other material in place.
But esp in places which have a real bulletin board where information will stay on for a while, I think we should give out a little more information on who we are, what the problems is and what we are asking for.
So at a place like ICC, maybe we should pin a copy of our brochure, and another sheet formatted like the brochure in which we give instructions on how to donate money.
The brochure format and content also looks professional, more credible than a flyer that resembles flyers for rentals, car sales etc etc.
best,
Berkeleybee
girlfriend Andrew Vanwyngarden (MGMT)
raysaikat
01-06 12:44 AM
What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
I have never heard such a case after "Droupadi".
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
I have never heard such a case after "Droupadi".
hairstyles Andrew VanWyngarden.
sanju
10-23 04:18 PM
With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
Just kidding. As you guessed, things are a little slow at work today.
This a good one. I almost felt irritated reading first few lines. But it turned out good. :p This is good. No more complaints about red dot messages.
Just kidding. As you guessed, things are a little slow at work today.
This a good one. I almost felt irritated reading first few lines. But it turned out good. :p This is good. No more complaints about red dot messages.
desi3933
06-19 10:33 PM
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.
However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.
Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.
Not a Legal advice.
----------------------------------
Premanent Resident since May 2002
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.
However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.
Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.
Not a Legal advice.
----------------------------------
Premanent Resident since May 2002
kriskris
03-27 11:23 AM
For those who are NOT US Citizens or Permanent Residents, all the transactions like address change/renewal have to be done in person in TX. No online or mail access.
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