Drifter
04-01 07:10 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
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bestin
05-15 10:30 PM
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Munna Bhai ,I am at your side too.
BTB snathans story was good.But the issue of divorse wont have cropped up if his wife (or himself) have behaved that way earlier in your story.
I think a good % of us need file divorse to rejenuate our married life as per his story. :D:D...kidding . Next action plan.
Looks like you already received GC and you have great & lot of time to get into other issue.
Munna Bhai ,I am at your side too.
BTB snathans story was good.But the issue of divorse wont have cropped up if his wife (or himself) have behaved that way earlier in your story.
I think a good % of us need file divorse to rejenuate our married life as per his story. :D:D...kidding . Next action plan.
BharatPremi
11-15 12:18 AM
BharatPremi,
Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.
Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.
Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:
I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.
Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.
Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.
Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:
I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.
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logiclife
04-01 05:31 PM
Just sent fax # 10 and 11.
--Jay.
--Jay.
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pady
08-21 10:27 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
gc_on_demand
06-12 09:34 AM
http://judiciary.house.gov/schedule.aspx
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vejella
12-13 09:59 PM
Venky ,
good to hear your positive approach toward future . But realistically , i wonder how long does it take for a new innovation to get outsourced . AS Narayana murthy said , there would not be anything which does not need human contact in coming future that cannot be out sourced ...(not exact words but with same intent :o
Your are thinking under two assumptions:
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it.
but there is increasing work force on the other side world who is dreaming to come here ...so i feel the rate of reverse brain drain will be less that influx as long as the demand exist.
So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
--- i should stop going to GYM so can i weigh more :o
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
good to hear your positive approach toward future . But realistically , i wonder how long does it take for a new innovation to get outsourced . AS Narayana murthy said , there would not be anything which does not need human contact in coming future that cannot be out sourced ...(not exact words but with same intent :o
Your are thinking under two assumptions:
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it.
but there is increasing work force on the other side world who is dreaming to come here ...so i feel the rate of reverse brain drain will be less that influx as long as the demand exist.
So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
--- i should stop going to GYM so can i weigh more :o
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
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lazycis
12-18 11:02 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
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belmontboy
11-25 11:58 PM
Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?
One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.
One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.
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ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
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raysaikat
06-05 05:09 PM
I found some things in our favor:
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
If I am reading the memo correctly, there is more to it. Suppose person 'X' is working for a cap-exempt employer "A". Now s/he can do the following:
(i) get a "concurrent" H1-B for a cap-subject employer "B". During this time the person 'X' continues his/her employment with the cap-exempt employer "A".
(ii) Once the H1-B is approved, s/he can stop working for the cap-exempt employer "A" and continue full time work with the cap-subject employer "B".
However, later on if person "X" wants to move to another cap-subject employer "C", then "X" needs to wait for H1-B quota numbers.
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hoolahoous
11-06 02:55 AM
i read somewhere on this forum that for EB2-i it VB will move 6 months every year.
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icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
tattoo More Flames PSP Wallpapers
ItIsNotFunny
06-26 02:52 PM
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
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jonty_11
07-19 02:42 PM
as long as emplyer employee relatioship exists u r OK..
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
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satishku_2000
05-17 01:32 AM
Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.
Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.
Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?
Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.
Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.
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GCSOON-Ihope
09-14 04:23 PM
Most people here fail to realize the cost if immigration is very heavy at a personal level, especially in globalized economy. If we assume that average wait time for Green Card is 7-9 years (earlier it use to be 4-6 years) consier the following:
1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10%.
2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.
3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.
I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.
You are just nailing it. Well spelled out.
1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10%.
2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.
3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.
I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.
You are just nailing it. Well spelled out.
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aswin
11-06 01:47 PM
EB2 I : 5-Mar-2005
I haven't posted anything so far...hopefully my predictions comes true :-)
This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.
I haven't posted anything so far...hopefully my predictions comes true :-)
This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.
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GCaspirations
10-02 12:57 PM
I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.
I am intrested in knowing if you have received FP notice.
I am intrested in knowing if you have received FP notice.
singhsa3
08-16 09:09 AM
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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