hazishak
07-18 07:22 PM
what happens when dates retrogress? If my PD is 2000 Jan (assume) and some one else has 2001 Jan (assume) with RDs July/2007 and Mar/2007 respectively and in August 2007 PD cut off date went back to 2000 Feb (assume) then does it mean that 2000 Jan PD is ineligible to get the adjudication before the guy with PD 2001 Jan because the RD is later for this case? Again if the answer to this question is yes then ,when the PD is set at 2000 Feb why are they accepting new AOS apps which satisfy this PD cutoff date because if they process by RD(at all times) they are not likely to consider these for adjudication anyway? Is it just for our benifit that we can get an EAD? If I go down this path I donot understand the purpose of the whole PD in this process.
The thing I am trying to understand is 'if PD is not significant in AOS why is it there at all in the visa bulletin'. If RD overrides the PD at the AOS stage then instead of specifying a PD in the Visa bulletin they can just say that
"We are accepting new AOS applications" and then adjudicate them in the order of the RD.
These are all just my thoughts and am trying to put them together. I may very well be wrong in my basic understanding of this process. Thank you for your previous reply. That was helpful.
In your case you will get the percedence over the 2000 PD. His is PD is not curent at time of processing. If the cut off date is after 2001 which means both are cuurent then the later guy will take precedence since his RD is earlier than your's.
The thing I am trying to understand is 'if PD is not significant in AOS why is it there at all in the visa bulletin'. If RD overrides the PD at the AOS stage then instead of specifying a PD in the Visa bulletin they can just say that
"We are accepting new AOS applications" and then adjudicate them in the order of the RD.
These are all just my thoughts and am trying to put them together. I may very well be wrong in my basic understanding of this process. Thank you for your previous reply. That was helpful.
In your case you will get the percedence over the 2000 PD. His is PD is not curent at time of processing. If the cut off date is after 2001 which means both are cuurent then the later guy will take precedence since his RD is earlier than your's.
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bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
gimme Green!!
07-06 08:40 AM
Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
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addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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Green.Tech
06-17 09:27 AM
...to reach $20k.
Contribute folks!
Contribute folks!
arnab221
06-23 09:30 PM
I thought Murphy's law of " Whatever can get delayed will get delayed " , applied to me only. Looks like in the US GC process it applies to everybody else also .
:D
:D
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virald
09-11 04:41 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
Can anyone help me here please?
Thanks
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
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ramkigr@hotmail.com
05-10 05:27 PM
HSBC has rejected my refinance application because neither I hold a valid H1B nor a GC. They are rejecting, if you are in AOS not have one of the above docs. BEWARE. Don't loose time and money trying with this bank, if you are in this situation. I heard some success stories, with other banks though. Good luck.
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BECsufferer
03-04 12:55 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
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paskal
09-11 12:08 PM
Hi,
Just bought a NY t-shirt and selected fast delivery. See you all there.
looking forward to seeing you in DC!! :D
Just bought a NY t-shirt and selected fast delivery. See you all there.
looking forward to seeing you in DC!! :D
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forever
07-23 03:38 PM
It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)
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ItIsNotFunny
10-21 03:01 PM
I have already sent the emails and will be sending the letters Tomorrow.
GO I/WE GO.
Need more people sending emails. This is really a very slow pace (and on contrary the same people don't like USCIS for being slow).
Send emails now.
GO I/WE GO.
Need more people sending emails. This is really a very slow pace (and on contrary the same people don't like USCIS for being slow).
Send emails now.
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gc_check
03-10 08:38 AM
I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
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ssunka01
09-05 09:21 PM
I am having a home loan with ICICI. I strongly recommend do not go with ICICI. They are very fast to increase variable APR. If it declines their comment was who are watching a market. In one instance all other banks reduced their VR but not ICICI. When I emailed ,they simple said we will let you know if there any changes but never reduced. In case increasee even before announcement by RBI, they increased my APR. More over If I want to repay earlier they are charging 2% penalty. so I stongly advice do not look ICICI bank for load if you want save some money. They are not right when it comes to loan. I had always difficult to change my address on my A/c
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sandy2575
08-11 07:30 PM
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
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Ramba
03-09 11:33 AM
Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.
Is There Any Update From Iv Core Members On This Issue?
Is There Any Update From Iv Core Members On This Issue?
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Ramba
10-01 05:37 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
However, if the wastage is more than few hundreds it is definitly not acceptable.
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msp1976
12-18 02:58 PM
.....WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION....
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Hit them where it hurts the most.
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
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vareddy
07-18 10:00 PM
Joined in July and did one time contribution of $100 today with google checkout :) Google Order #975779329660977
nsrao01
06-29 02:07 PM
Guys,
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
I am also one of you guys; applied in APR'07 and still waiting for my approval; what do you think guys what dates they are processsing:
Aany inputs would be great help.
Thank you
Rao
PD: APR'07
GCwaitforever
04-02 11:49 AM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
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