lazycis
01-09 08:40 AM
I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)
I have a few questions;
1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?
2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?
3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?
I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.
Please someone help...
thanks for your time.
1. May.
2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.
3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.
It was a good decision not to leave the country. How many days were you out of status?
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)
I have a few questions;
1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?
2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?
3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?
I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.
Please someone help...
thanks for your time.
1. May.
2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.
3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.
It was a good decision not to leave the country. How many days were you out of status?
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wandmaker
11-25 12:00 PM
My H1B going to expire Jan 2008. I am not planning to renew it. My PD is current (india-eb2 2004 jan). I am planning to travel in March 2008. Do I can travel with AP, without valid H1B papers. ? Do I need to renew my H1B ?
Please reply.
You should have AP approved to travel in / out of USA, and valid EAD to work after your H1B expires (though you continue to work for the same employer). It is recommended to keep H1 status as long as you can, just in case anything happens to AOS - Again, it is a personal choice to renew H1B. I dont forsee any exit/reentry problem due to not renewing H1B. Good luck!
Please reply.
You should have AP approved to travel in / out of USA, and valid EAD to work after your H1B expires (though you continue to work for the same employer). It is recommended to keep H1 status as long as you can, just in case anything happens to AOS - Again, it is a personal choice to renew H1B. I dont forsee any exit/reentry problem due to not renewing H1B. Good luck!
acecupid
06-14 01:30 PM
Oh yeah .. but that is provided I can file my 485 by that time. Given my PD was just May 06, I had NO preparation for 485 filing, wonder how much time gathering up all the required docs takes for this filing :)
Usually everyone has all the documents. The most common missing document is the birth certificate. It has to be in english if not translation is required. Plus, it should match your name is passport exactly. Otherwise, the american gori is always there as backup :) hehe..:D
Usually everyone has all the documents. The most common missing document is the birth certificate. It has to be in english if not translation is required. Plus, it should match your name is passport exactly. Otherwise, the american gori is always there as backup :) hehe..:D
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desi485
11-10 06:39 PM
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
ItIsNotFunny, please DO SHARE once you are able to get some insight from your attorney. Meanwhile, I printed out AC21 IV campaign letters and went to each of my co-worker at my work-site and convinced them to send it. Hopefully atleast some of them will send it. Thanks for your effort on behalf of our "descriminated based on country of birth community" :)
ItIsNotFunny, please DO SHARE once you are able to get some insight from your attorney. Meanwhile, I printed out AC21 IV campaign letters and went to each of my co-worker at my work-site and convinced them to send it. Hopefully atleast some of them will send it. Thanks for your effort on behalf of our "descriminated based on country of birth community" :)
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prashantc
01-29 10:46 AM
Was this the first time you are coming to USA?
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
ars01
07-18 11:01 AM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
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number30
05-08 07:14 PM
Congrats DESI
US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.
Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.
Yes that is the one reason. Moreover i can get the Indian citizenship back by staying in India for 5 years on OCI card or PIO card. It is that simple. But Once i go back to India coming here is big problem. So I planned to take USC and Do an R2I later whenever i need or I want.
This week i became an USC after 9 years of stay in US. I can retain USC and stay in India. Came to US in 2000. Applied GC in 2002 Jan got the green card 2003 December with EB3
funny thing is While starting the Interview officer said " Oh you are a new immigrant" . I said I am here since year 2000. Officer replied you have just completed 5 years on Green card.
US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.
Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.
Yes that is the one reason. Moreover i can get the Indian citizenship back by staying in India for 5 years on OCI card or PIO card. It is that simple. But Once i go back to India coming here is big problem. So I planned to take USC and Do an R2I later whenever i need or I want.
This week i became an USC after 9 years of stay in US. I can retain USC and stay in India. Came to US in 2000. Applied GC in 2002 Jan got the green card 2003 December with EB3
funny thing is While starting the Interview officer said " Oh you are a new immigrant" . I said I am here since year 2000. Officer replied you have just completed 5 years on Green card.
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Leo07
12-01 01:18 PM
Folks,
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
I know many of you may have already thought about this at some point. I'll lay out my views on the donations...IV can object/correct.
I'm following the donations thread along with many of you and there is not much to be excited there.2000$ in 2 weeks....for all the Agenda that pappu has posted. I understand that everyone(including me)...will have limited resources at our disposal every month...may it be mortgage/daycare/medical/school or those unexpected repairs...so the bottom line is there is not much room to increase our monthly contributions or...holiday contributions.
I was thinking...we are 25000 'real' people...and there are more than one visit by each person to this site.
1. Can IV use any space to advertise...so that IV can get some AD Money?
2. Is it possible to get some space on popular pro-immigrant or immigrant driven websites...to donate to our cause?
3. Would it be possible to split the donation denominations further down...like 5 dollars..or even low..so that all immigrants...including people who got the GC's/Citizenship can contribute with out looking deeper into their pockets.
4. Optional....ebay/paypal donation to the peoples questions/answers...Mind you it is totally optional...if you want to donate 5/10/20/100...or how important the question is and hw satisfied the person is with the information...etc
5. DOnation boxes at Immigrant owned grocery stores...with out compromising their principles
Folks, I have layed them out with good intentions...and have also given a thought of what I personally can do for each point above...I'm not expecting the vultures to prey...on the post with mundane comments.
Regards.
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fatjoe
09-15 10:08 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
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jaihind
01-18 09:28 PM
We have to fight discrimination in any form. While we are for enforcement of law - arbitrary interpretation has to be fought.
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ndialani
10-30 12:14 PM
Caliguy,
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
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Maniaci
06-04 03:52 PM
Alright, now this one is a skin.... I hope...
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indigokiwi
03-31 10:13 PM
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
^^^^^^^
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
^^^^^^^
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santb1975
06-17 01:58 AM
We need more
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a1b2c3
04-30 01:13 PM
My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (http://www.immigrationpolicy.org/images/File/factcheck/CitizenshipDayFactSheet09-16-08.pdf).
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
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vin13
09-17 10:26 AM
Does anyone have an update yet..Please post.
Thank you
Thank you
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DesiGuy
09-17 11:34 AM
steve king earlier said he was OK with ammendent.
seems Lofgren's stroger and is proposing hte ammendment for 6020.
hoping she gets upper hand in 5882 as well :)
seems Lofgren's stroger and is proposing hte ammendment for 6020.
hoping she gets upper hand in 5882 as well :)
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qualified_trash
04-19 10:59 AM
Is there a contributions counter somewhere on this website?? If not can we have one on the Home page. Helps us to get others to contribute!!
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boreal
08-25 12:02 PM
I am with the same employer who sponsored GC. Until GC was approved I was with H1B visa. Is it neccessary for me to file I-9 after GC?
Yes. They would need GC copy and they would update their records.
Yes. They would need GC copy and they would update their records.
sc3
08-25 04:33 PM
There is a spillover of 22000 visas from FB to EB starting Sep 01 2008. Does anybody know how this spillover is divided between EB1/EB2/EB3?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
Macaca
02-06 11:33 AM
Yes--Universties--come under non-profit as per INS, hence exempted from quota, but not Elem/Middle/High schools.
USCIS is much more screwed up then our collective imagination.
USCIS is much more screwed up then our collective imagination.
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