ars01
09-15 02:42 PM
Come on let's be positive:
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
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CADude
10-30 03:00 PM
Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
hsingh82
04-14 08:11 PM
My Perm got filed today :).. atleast 1st step in the door.
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latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
more...
raj1998
02-05 02:24 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
Hope this helps !!
sarika
07-26 02:21 PM
I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.
Sarika
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
Sarika
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
more...
wandmaker
04-27 03:02 PM
You might be denied based on the 365 days rule. When was your labor filed?
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
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IneedAllGreen
02-04 01:09 PM
Thanks four response. Do you have any format to write a letter to Senator or congressman?
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
more...
rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
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GCwaitforever
06-20 03:13 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
more...
plassey
08-29 12:32 PM
Close this poll please.
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lostinbeta
09-06 03:54 PM
Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......
more...
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Roger Binny
10-28 04:54 PM
Please check another attorney forums, i remember there was a news flash in which they agreed the degree substitution like yours.
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vrbest
09-09 10:42 AM
Looks like you missed to check it before you went thru hospital. It is always advisable to apply Birth Certificate thru Hospital and apply SSN yourself at the SSN office.. This way you will get your SSN within 2 weeks of you applying SSN. Many times hospital staffs explain this unfortunately you did not get this msg.. You can call SSN office and see if you can get SSN over phone.
Good Luck!
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
Good Luck!
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
more...
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hopeforgc
06-21 04:58 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
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alterego
09-15 02:12 PM
On the other hand, I think something else might happen unless things change quickly.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
more...
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
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madanreddy
03-14 01:55 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
What are my options? I am in status?
Thanks for your advice.
Bpositive
10-06 08:00 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
RandyK
11-28 09:22 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
What can we expect next?
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
What will happen to the �Rest of the World� category? When do you think they can expect results?
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
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