abqguy
07-13 05:04 PM
Congratulations and you are a VERY generous man!! Hope this will motivate several of us to contribute to the cause.
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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kumar1
07-19 01:55 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Very good, ask your wife to bring a load of sweets for IV member. ;)
Very good, ask your wife to bring a load of sweets for IV member. ;)
more...
bigticket
08-23 09:45 AM
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Gravitation
08-01 09:37 AM
Just become a waiter to master the waiting skills. :)
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
more...
pkak
11-21 11:06 AM
Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.
If buying a house had been the smart option, I would have bought it already.
Please see the attached XLS.
BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.
All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)
If buying a house had been the smart option, I would have bought it already.
Please see the attached XLS.
BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.
All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)
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Maverick_2008
04-24 11:47 AM
Getting a driver's license is also problematic in some states.
Maverick_2008
Hello all,
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
Maverick_2008
Hello all,
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
more...
mariusp
02-20 07:54 PM
A2. This policy change is in response to a 2005 DHS Inspector General
Translation: we got our asses sued!
Translation: we got our asses sued!
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kanvenk
12-12 03:40 PM
I concur.
Thanks.
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
Thanks.
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
more...
priderock
05-15 11:43 AM
Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
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140jibjab
05-13 04:27 PM
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
Since I have valid H1 can I do something,
more...
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adibhatla
02-20 12:57 PM
Anil,
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
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Soul
02-03 06:35 PM
Hey stop selling yours Eilsoe! lol
I worked really really hard on mine! :P
Heheh :bad: (and it took a really long time! :beam: )
- Soul :goatee:
I worked really really hard on mine! :P
Heheh :bad: (and it took a really long time! :beam: )
- Soul :goatee:
more...
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nonimmi
05-22 03:00 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
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sandy_anand
11-10 09:15 AM
When is the December visa bulletin coming? Can someone ask their lawyer?
Why is nobody predicting? Are we all becoming so pessimistic?
waitingnwaiting, you're probably new here, so just a tip - nowadays the topic of visa bulletin is not very popular.
A couple of reasons for that, people are frustrated by the slow movement, a bulk of the old timers have their dates current and finally Oppenheimer gave a forecast of what to expect over the next few months - which is movement every month by a couple of weeks at the most.
So the whole guessing game of visa bulletin doesn't interest anyone anymore. Our only hope, especially for EB3, but also for EB2 is to meet our lawmakers on a regular basis and push our agenda for legislative change. Other than that, we are looking at years and years of waiting.
My suggestion to you is to become a donor at IV, join your local State chapter and start meeting lawmakers. Hope this helps. Cheers!
Why is nobody predicting? Are we all becoming so pessimistic?
waitingnwaiting, you're probably new here, so just a tip - nowadays the topic of visa bulletin is not very popular.
A couple of reasons for that, people are frustrated by the slow movement, a bulk of the old timers have their dates current and finally Oppenheimer gave a forecast of what to expect over the next few months - which is movement every month by a couple of weeks at the most.
So the whole guessing game of visa bulletin doesn't interest anyone anymore. Our only hope, especially for EB3, but also for EB2 is to meet our lawmakers on a regular basis and push our agenda for legislative change. Other than that, we are looking at years and years of waiting.
My suggestion to you is to become a donor at IV, join your local State chapter and start meeting lawmakers. Hope this helps. Cheers!
more...
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prem_goel
05-29 09:44 PM
Guys, along with the vote, it'll help if you post some comments too! You may have to register but its a 2 min process. I am hoping this gets seen by the people in .org.
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Powersa
07-07 06:42 PM
Good news story, kudos.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
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skakodker
04-24 09:23 AM
All the best everyone and may all your PDs become current right away.
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
sanbaj
07-31 05:30 PM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
There is no definite answer to this question. USCIS is erratic on that. In my opinion, one's case is opened and process starts as soon as the case is Receipt Noticed. In my case, my PD was current since April, but RD was not. As soon as they reached my RD my app was approved. I think that is the general trend. But, they are not consistent on it. Therefore, no definite answer.
There is no definite answer to this question. USCIS is erratic on that. In my opinion, one's case is opened and process starts as soon as the case is Receipt Noticed. In my case, my PD was current since April, but RD was not. As soon as they reached my RD my app was approved. I think that is the general trend. But, they are not consistent on it. Therefore, no definite answer.
vin13
11-02 01:17 PM
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
Pappu,
Did you or any one in IV get any chance to discuss with USCIS regarding quarterly spillover?
Here is a positive prediction for a change. EB3 I may move a bit.;)
Pappu,
Did you or any one in IV get any chance to discuss with USCIS regarding quarterly spillover?
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