jayleno
07-28 09:23 AM
The best way to protest is to STOP DRINKING. Just kidding. Dont worry...Lord Ganesha will punish those sinners.
If you are not sure if you can open a thread for this here...most probably you shouldnt.
If you are not sure if you can open a thread for this here...most probably you shouldnt.
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wandmaker
08-21 04:34 PM
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
we_can
01-03 11:06 PM
Posted on immigration.about.com
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
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alisa
01-27 08:16 PM
My simplistic model breaks down with this data.
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
more...
jonty_11
12-13 01:04 PM
Pappu has doused the fire..:(
desi3933
02-10 12:22 PM
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
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nojoke
10-20 11:33 AM
I agree with you on this one. If you all think that GC is the only issue here, then go ahead and support Mc Cain. But if you all think that you are going to be here long term or planning on making this your home, then I think Obama is good for the country. Look where has the capitalism and free market has taken us today, nobody has a clue as to how to fix this mess, all this bail out solutions are just temporary and is pulling us further into debt trap. If there is a recession or a dollar collapse, your GC will not ensure your job.
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
Thank you. My point is that if the economy is good, companies will lobby for pro immigration bills. If the economy goes bad, the chances for green card goes down with many of us losing job. No party will touch immigration when the country goes to recession. And people don't mind pro immigration bill if the economy is doing good. Political parties are not pro or anti immigrants. It is the lobbying of the large companies that makes them pro immigrant. The companies lobby for immigration bills when they need more skilled labor...
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
Thank you. My point is that if the economy is good, companies will lobby for pro immigration bills. If the economy goes bad, the chances for green card goes down with many of us losing job. No party will touch immigration when the country goes to recession. And people don't mind pro immigration bill if the economy is doing good. Political parties are not pro or anti immigrants. It is the lobbying of the large companies that makes them pro immigrant. The companies lobby for immigration bills when they need more skilled labor...
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GCAmigo
01-31 03:27 PM
What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?
H1-B without paystub...
H1-B without paystub...
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feedfront
10-05 03:10 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
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Ramba
07-14 05:52 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
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NKR
10-16 02:09 PM
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
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qesehmk
02-11 08:23 PM
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
That's ok. But yes I agree that there probably was no FB spillover in 09.
Regarding assigned but not used visa number .... my guess is they are completely wasted and are not eligible for spillover. On the unused (i,e. unassigned numbers that stay with DOS) are spilled over to other category (FB to EB and EB to FB).
But this is my understanding .... not any official information :-)
My apologies if my post reflected that. My intention was never that.
.
That's ok. But yes I agree that there probably was no FB spillover in 09.
Regarding assigned but not used visa number .... my guess is they are completely wasted and are not eligible for spillover. On the unused (i,e. unassigned numbers that stay with DOS) are spilled over to other category (FB to EB and EB to FB).
But this is my understanding .... not any official information :-)
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desi3933
09-11 09:16 AM
Hi,
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
>> when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around
Incorrect. They got green cards.
They were made eligible to file for AOS. Here is the link for the Act. Read Section 201 for more details -
Immigration Reform and Control Act of 1986 (https://www.oig.lsc.gov/legis/irca86.htm)
____________________________________
Proud Indian-American and Legal Immigrant
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
>> when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around
Incorrect. They got green cards.
They were made eligible to file for AOS. Here is the link for the Act. Read Section 201 for more details -
Immigration Reform and Control Act of 1986 (https://www.oig.lsc.gov/legis/irca86.htm)
____________________________________
Proud Indian-American and Legal Immigrant
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pappu
12-25 06:50 PM
If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.
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neelu
12-13 01:01 PM
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Our dear Pappu,
I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.
So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).
But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.
Thank you.
Neelu
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Our dear Pappu,
I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.
So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).
But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.
Thank you.
Neelu
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immi2006
09-26 10:22 AM
Do you think Lawyers used the rally to further their business and had IV as a front to project that as a H1 CAP increase ?
1) Lawyers would not do anything for free
2) At the very best - we need to have another rally in Silicon Valley to highlight
our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.
We will have to explicity state Rally for
Green Cards for tax paying professionals !
What do you all think ? - Do u think we can mobilise folks for this saturday ?
We need to keep the momentum high in public than in Blogs and IV site,.
1) Lawyers would not do anything for free
2) At the very best - we need to have another rally in Silicon Valley to highlight
our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.
We will have to explicity state Rally for
Green Cards for tax paying professionals !
What do you all think ? - Do u think we can mobilise folks for this saturday ?
We need to keep the momentum high in public than in Blogs and IV site,.
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alex99
07-11 01:50 PM
Request More Eb3 Guys To Participate......
Please....
Please....
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sunnymit
07-12 04:58 PM
Thanks KartiKiran and spicy_guy...
ItIsNotFunny
10-16 10:23 AM
I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
I still don't believe that USCIS has no say in spill over - think again :)
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
I still don't believe that USCIS has no say in spill over - think again :)
EkAurAaya
09-26 10:09 AM
I sent an email too and asked the editor to contact info@immigrationvoice.org for more information on why the rally was conducted (to clear up backlog of already filed petitions for green cards and not h1b increase)