immi_seeker
10-01 03:04 PM
My impression was that USCIS calculated the possible number of cases that would be ready to be assigned a visa (means all the name check and other formalities finished) , before a month and the first PD that will not get a VISA will be the cutoff date for the bulletin for that month.
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted. I think focussing on avoiding visa wastage itself will reduce this retrogression mess to a big extent
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted. I think focussing on avoiding visa wastage itself will reduce this retrogression mess to a big extent
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chanduv23
11-24 05:27 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
satyasaich
07-14 02:24 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
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gc_on_demand
09-11 05:11 PM
Dear Freinds,
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
USCIS has proven again that they cannot calculate or count. Don't you think they should be presented with this calculator to help them calculate.
http://www.amazon.com/REALLY-CALCULATOR-AUTO-OFF-RUBBER-KEYPAD/dp/B000QOJYWA/ref=pd_bbs_1?ie=UTF8&s=office-products&qid=1221162014&sr=8-1
Also DOS has a knack for turning back the clock, don't you think they are in need of this clock.
http://www.amazon.com/American-Science-Surplus-BACKWARDS-RUNNING/dp/B000KDYQFM
What is your opinion?
What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.
Just a thought.
more...
amitga
06-11 12:28 AM
At least this clears up any hopes from future Visa Bulletins. What's next?
Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
more...
eb3_nepa
03-09 12:22 PM
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
How does removing the cap from Schedule A, benefit the rest of us?
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Humhongekamyab
02-18 05:30 PM
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
:mad: Thanks for raining down on my parade. Just kidding.
more...
hpandey
08-11 03:52 PM
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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PD_Dec2002
06-02 08:35 PM
My interpretation of:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
more...
vegasbaby
02-25 11:09 AM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
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CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
more...
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Saiom19
08-10 05:56 PM
eb3_nepa - I somewhere read in ur posts that u already received the reciept ..or atleast ur cheque got encashed........u posted something on those lines in one of ur posts.
tattoo As long as your
amitjoey
04-29 03:39 PM
We will start calling. Thanks. We should leave no stone unturned. No doubts. Just do it!!
more...
pictures Talents: Expert Archery skills
fruity
07-23 03:22 AM
I was also asked to resubmit ds230. my pd is dec 2005. With the VB being current now what are the probable dates for the OCt VB?
dresses A person likes a certain anime
jasmin45
09-08 02:17 PM
The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
Good analysis. How long did you take to put this together this comparison?
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
Good analysis. How long did you take to put this together this comparison?
more...
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pstvak
09-11 08:16 PM
I support this great org. Difficult to travel from WA with famliy and kid.
Contributed 100$. Google Order #204480874815294
Regards
Contributed 100$. Google Order #204480874815294
Regards
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Green.Tech
06-19 03:25 PM
Stay on top!
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sukhwinderd
09-12 11:04 AM
Order Details - Sep 12, 2007 11:01 AM EDT
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
Google Order #546380134380844
just contributed $100 .. will try to attend rally.
ashutrip
06-22 12:08 PM
I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
what is ur pd?
what is ur pd?
aussienyc
01-03 04:59 PM
Ive been here 4 and a half years. PD of dec 06 Im 25 from australia. I didnt intend on staying, but fell in love with NY ater 3 years.. I have elderly parents, and nieces and nephews i have missed growing up, however i keep in touch by phone regularly, and try to visit every year. I know I want to stay here for at least the next 10 years. After that .. i dont know..
Im in a serious relationship with a US citizen, however I want my greencard before we take the plunge. I dont want any doubts on us taking the next step. I may have to leave in August as my L1B is expiring, and she is in grad school working towards a PHD, so her having to come home with me would put a massive hault in her life. so frustrating.. My brother went through a very similar thing in Australia with his italian girlfriend before they got married 7 years ago.
i just hope congress do something soon..
Im in a serious relationship with a US citizen, however I want my greencard before we take the plunge. I dont want any doubts on us taking the next step. I may have to leave in August as my L1B is expiring, and she is in grad school working towards a PHD, so her having to come home with me would put a massive hault in her life. so frustrating.. My brother went through a very similar thing in Australia with his italian girlfriend before they got married 7 years ago.
i just hope congress do something soon..
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