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  • BharatPremi
    10-02 07:47 PM
    If you want OCI, there are a few hoops to jump through -

    1. Apply for an Indian passport first.

    2. Once the Indian passport is issued, apply for the US passport.

    3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.

    4. Now you can apply for OCI on the grounds that your son once held an Indian passport.

    His child is born in USA and thus his child is US Citizen and so he can only apply for US passport. He can not apply for Indian passport for his child.





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  • InTheMoment
    08-01 07:36 PM
    raj3078,

    Order of processing has nothing to do with PD being current. Now this is not an opinion it is a crystal clear CIS pronounced fact. (http://www.murthy.com/news/n_nsccpr.html)

    Pre-adjudication where work continues irrespective of visa # availability (where everything else is done except visa # allocation) happens as per the RD of the I-485.

    Now even if gc101's I-485 get's pre-adjudicated sometime next year w/o PD being current his I-485 is not "approved" unless visa # is allocated. Now suppose his PD becomes current after his app. is pre-adj., he has very little time to add the spouse name as there is chance like in June that they may quickly assign the visa # and "approve" the file in days.

    So gc101 would be safe if his PD becomes current before his file is pre-adj or get's stuck (!) in something like FBI namecheck after pre-adj. which might allow him time to add his wife's name.

    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance





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  • thamizhan
    07-19 09:49 AM
    Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline





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  • gc28262
    01-14 02:33 PM
    H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.


    Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-

    (1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then

    (b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    b) accounts for the temporary absences of alien



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  • BECsufferer
    05-13 02:04 PM
    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.

    Dear unknown friend;

    The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.

    In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!

    My apologizes in advance for all those offended. Please remember it wasn't my intent.





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  • JunRN
    09-23 11:53 AM
    I hope that Smith and King will not attend today!!! *cross-fingers*



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  • gk_2000
    04-21 03:12 PM
    Whether we like it or not...this is a reality.

    Have to agree.. there are many threads that complain that parents B1 got rejected when they said they were going to see newborn grandchild





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  • fatjoe
    09-21 09:29 PM
    PD - July-2004. Pre-Adjudicated.

    How did you know that your case was assigned to an officer. I called uscis three times and I was told that they could not say if my case was assigned to an officer or not.
    some time back when I had called I was told it was assigned to
    an officer (PD not current though). What does that mean?



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  • bluekayal
    10-10 05:48 PM
    Thanks!


    kayal,

    AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.

    talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.





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  • Smarty
    05-24 11:32 PM
    Ya know what? I am so SICK AND TIRED of our lawmakers bowing down to those illegals, who don't contribute anything to our society. That's right, NOTHING. They steal the jobs that Americans WANT to do, and our lawmakers just bend over and lick their boots!

    I married an Indian here on H1-B and it's been two years since we've filed for his greencard. Do you think we've heard anything yet? Only thing we know for sure is that we are getting shafted for following the letter of the law while Elvira (vampire) arellano is sitting up in that pile of crap called a church, with politicians like Barack Obama slobbering all over her. Where are these same politicos when we FOLLOW the law??

    Yes I am plenty angry over the whole mess, but what I really wonder is why don't we (the TRUE immigrant families) do the same as the illegals and go out and PROTEST this new amnesty?? Could it be we are too busy working and contributing to society?

    Either way, I think we had better get out and do some protesting of our own. After all, illegals are ALIENS, NOT IMMIGRANTS. How dare they steal our Immigrant moniker from us!



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  • h1techSlave
    06-12 02:34 PM
    As per the state dept folks, pretty much all categories are using all their allocated numbers. So where is the spill over going to come from?
    country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.





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  • mugwump
    10-05 11:59 AM
    The Republican Party is reffered as the GOP



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  • vedicman
    05-07 08:48 AM
    Anyone from Cincinnati, Dayton, Indianapolis area who wants to plan the trip together. Flights from Dayton to BWI is for $157 roundtrip.

    Love the spirit of this post. Done some research and giving info, pushing us to do more than say yes - awesome, will start checking out details.

    It would also be good, if we can have members posting in what way they can help out for the advocacy days - in this thread (not just in the form) - this way, many of us will be motivated and try out different options!





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  • swo
    09-16 05:32 PM
    I think Wah Wah is confused by the differences between 'retrogression' and 'backlog'. Of course, you are right that the PDs are not likely to go much further back (I think USCIS took a conservative approach after July - note they are still issuing visas to those with non-current PDs but are using the bulletin to limit incoming new filings). However, if 20 million applied in July the coming backlogs would be horrendous, even though priority dates would not necessarily need to go back further.

    However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.

    Phew. Anyway, I think that's what he was on about!

    :)


    You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?

    Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?

    Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.




    Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.


    So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?



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  • anandrajesh
    10-14 11:27 AM
    Applied for AP on June 1 at NSC. NO LUD changes till about last week.

    I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.

    NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck





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  • aadimanav
    08-22 02:27 PM
    Mar 05 is my live PD. I mean i had other PD's in past but they were substituted.

    What is the Point aadimanav ?

    No point man. It was just a friendly question.



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  • Libra
    07-09 01:26 PM
    Guys to make more people aware of it, in US and abroad shall we start text message in cell phone about flower campaign. I am ready to loose few more bucks to make it success.

    I mean, if it is not a bad idea :cool:





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  • arunmurthy
    09-14 02:30 AM
    Nope, I am with you :)......

    PD: Nov. 10th, 2005
    Escrow Closing Date: Oct 20th, 2005!!!!

    I still own and live in the house :)


    I think it is a stupidity to own a house while working. Dont join the rat race.
    One should start a business and have some source of income that can pay
    for mortgage than budgetting within your monthly salary.
    Dont give me reds but I know that is the smarter way.





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  • sanju
    04-29 06:02 PM
    Best way is some of the provisions in Durbin bill to restrict some abuse. Only bad thing in Durbin bill is it is banning consulting with H1bs. Other than this provision everything is good. Instead of opposing the entire bill it is better to oppose only that section.

    Here this is what your views are
    ___________________________________
    ___________________________________

    You know what this is?

    This is your tunnel vision....

    You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.

    Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.

    ___________________________________
    ___________________________________

    You have victory flowing all through your veins... good!!!!





    EndlessWait
    02-24 09:22 PM
    You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.

    Sending flowers, sending pizzas, sending all these proposals will only fall on deaf ears. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.

    For those who think assisting US economy by buy houses (for pending GC applicants) is like selling a GC are just plain dumb! No wonder why we dont have a resolution to the 10 yr waiting that's been killing EB immigrants, is because ppl like you, who love to take pain want others to live through this for the lifetime.

    People have been waiting for 10+ years here waiting to get GC, waiting patiently, waiting so patiently that we are getting mentally sick waiting and waiting. How do u think the quota system is ..its not fair in the first place for EB immigrants when we are already here on H/L visas... . So dude pls stop ur bull shit and dont discourage by coming up with ridiculous statements "You mean to say sell US real estate for GC/citizenship?"

    We the prospective, EB immigrants want to settle here. Its more than a home here already if you are living and paying taxes for 10+ years.. We just want to buy a house and a permanent visa status is only going to help. Its a win-win situation for both sides....
    We are not looking them to sell GC for houses to ppl who are residing outside. This is a relief mechanism for ppl who are waiting and waiting and just plain waiting here in the EB queue!

    Ok.. now go and think..do u enjoy pain or want to do anything about it!

    I would strongly urge IV to take this and would be willing help and have a dialogue with any state/congress representative they want me to.... How do u think it wont' fly. US govt is spending and bailing out trillions of dollars to help cure this cause. If we buy houses, it is only going to help the cause. Most of us have good credit score and can afford to buy houses, this will only help the very thing that the govt. is trying to stabilize.

    I'm surprised, how come IV is not aggressively pursuing this. What better way to help everyone here. If they want to address the fundamental issues they certainly can, but this the immediate focus and like quota recapture, will provide immediate relief to decades long wait for applicants!

    So pls stop disparaging the effort. Its a good cause for both sides.
    We want to be a permanent resident and contribute to US economy. So help us god!





    ItIsNotFunny
    10-07 02:28 PM
    What do you mean by priority dates were added?

    Introduced, before that 485 was current for everything.