rajuseattle
08-15 03:40 PM
Hello BRIT_GS
Was your I-140 applied in Premium Processing?
Was your I-140 applied in Premium Processing?
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kbsyed61
08-14 08:52 AM
Yesterday I recd. the receipt notice for my I-485 filing on July 2, 2007.
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
vinabath
03-26 11:26 AM
see above
If China and India combined gets only 22K every year then all Visas will be wasted.
If China and India combined gets only 22K every year then all Visas will be wasted.
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
more...
godspeed
02-12 03:33 PM
bump
venkybr
08-27 12:58 PM
I-485 application reached NSC on July 11th 9:13 am, signed by K.LAWSON. No receipts yet.
PD - 06/2006, EB-3, INDIA
I-140 - Approved NSC, 10/2006
PD - 06/2006, EB-3, INDIA
I-140 - Approved NSC, 10/2006
more...
shantak
05-19 09:26 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
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venky08
12-18 06:59 PM
They say that you become what you think most of the time. Do you really think good things about yourself? Try to develop a habit to see silver lining to anything in life...it will take you a long way not only with GC stuff but other issues which we have to deal with day to day.
Cheers!
Cheers!
more...
luckylavs
10-04 11:22 AM
strange.. my appliaction was sent aug 6th and no news so far ... i am worried as i have travel plans to india..
anybody in the same boat ...
anybody in the same boat ...
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kshitijnt
05-09 09:58 PM
Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.
more...
senthil1
03-10 02:54 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
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gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
more...
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immihelp2
12-16 01:55 PM
Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
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Macaca
07-08 09:49 PM
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
more...
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fundo14
06-07 12:36 AM
Hey dont give up ur Canadian PR. U have worked so hard for it. Just think about it. What if ur US GC goes for a toss (god forbid)? The idea was to use Canadian PR as a backup so do it. Also, I completed my landing in Canada recently. PM me if u need more info...
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
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satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
more...
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EndlessWait
07-20 12:23 PM
making our first campaign(revision of VB) successfull. As you mentioned that we need to continue this fight even if one has recieved there green card. For those who got, need to remember the pain they went through and that of other's who are going through it now! This blackbox of Employment based Green Card process needs to be more fit towards the high-tech century when everything else is.
Once again congratulations! and good luck in your future endeavors
Once again congratulations! and good luck in your future endeavors
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desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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JazzByTheBay
07-10 06:43 PM
Excellent idea.... this stuff on YouTube should generate a lot of page views. The YouTube video can then be embedded in an IV.org web page as well.
jazz
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
jazz
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
h1techSlave
03-10 12:49 PM
The plan that mirage is talking about is to contact only the lawmakers who are already well versed with immigration.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
gc28262
07-21 10:07 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
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