mmj
04-22 10:34 AM
Thanks hiralal for keeping this thread going - Whats up people - This is the simplest thing that you can do for yourself.
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
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El_Guapo
05-05 05:09 PM
Good Idea ... May be we can build on this ... making monetary contrributions will risk the appearance of "buying a green card".
How about this:
Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made
This way we will be able to channelize positive support and there will be nothing that antis could argue against.
I love to teach, I have taught before while completing my Masters.
I think this is a good idea, in fact even better than the collecting money campaign because the President just signed the Edward M. Kennedy Serve America Act. I think IV should seriously explore this idea.
How about this:
Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made
This way we will be able to channelize positive support and there will be nothing that antis could argue against.
I love to teach, I have taught before while completing my Masters.
I think this is a good idea, in fact even better than the collecting money campaign because the President just signed the Edward M. Kennedy Serve America Act. I think IV should seriously explore this idea.
gc_kaavaali
12-28 06:15 PM
Hi logiclife,
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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ashshef
11-02 03:48 PM
I guess might as well as pitch in.
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
more...
vghc
07-25 11:04 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
titu1972
07-25 10:55 AM
NSC: E-Filed June 02
Document Send: June 02
FP Done: June 26
PD Will be current in Aug. Namecheck cleared since Nov 2007.
Mine got approved on July 23. Didn't receive physical card.
Document Send: June 02
FP Done: June 26
PD Will be current in Aug. Namecheck cleared since Nov 2007.
Mine got approved on July 23. Didn't receive physical card.
more...
svgupta
05-15 12:19 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
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laborday
07-17 10:56 AM
OK, anyone who can help me here? I am still getting June.
For NSC
--------
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
For NSC
--------
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
more...
maximus777
07-13 02:04 PM
Thanks for sharing your story. It was indeed one heck of a journey. One question though - in retrospect taking into account the pluses and minuses, do you think it was worth it?
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venkygct
08-31 02:06 AM
^^^^
more...
nixstor
02-11 04:23 PM
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
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go_guy123
06-24 01:39 PM
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Actually it is like the "Gareebi Hatao" (translation: Remove Poverty) slogan for the Democratic party. Something to be used in certain districts for election only.
Just like Gay Marriage issue for Republican party.
In fact Rahm Emanuel (key strategist of the democratic party and one of the people credited for the success of the Democratic party in the election) said immigration
is the third rail of American politics.
It is the independent voters that decide a election, not the core democratic(ultra liberal) or core republican(ultra right wing) supporters. Passing an CIR will piss off
a significant portion of these independents and will create a swing against the Democratic party. A very small swing can create devastating losses in the swing
states.
The immigration issues is in a factor in the 1st generation Hispanic community whose parents are illegals.
Even the younger generation wants illegal immigration control.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Actually it is like the "Gareebi Hatao" (translation: Remove Poverty) slogan for the Democratic party. Something to be used in certain districts for election only.
Just like Gay Marriage issue for Republican party.
In fact Rahm Emanuel (key strategist of the democratic party and one of the people credited for the success of the Democratic party in the election) said immigration
is the third rail of American politics.
It is the independent voters that decide a election, not the core democratic(ultra liberal) or core republican(ultra right wing) supporters. Passing an CIR will piss off
a significant portion of these independents and will create a swing against the Democratic party. A very small swing can create devastating losses in the swing
states.
The immigration issues is in a factor in the 1st generation Hispanic community whose parents are illegals.
Even the younger generation wants illegal immigration control.
more...
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amsgc
06-12 08:47 PM
Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America. "Einstein" here doesn't understand that it takes more than a genius to make a company successful, and thereby create more jobs for your average Joe. If you are in the business of developing cutting edge technology, you certainly need some very smart people in your labs. But the guy who actually gets the product out of the door is your moderately above average skilled employee who knows how to get the job done. The whole argument that America needs the "best and the brightest" only is terribly flawed. And what better example than this Kericorien (or whatever his name is) character himself. In his testimony, he suggests that EB should be limited to EB1, and that too, to about 15K. Great, these 15K people will be able to do the job of the 500K gainfully employed individuals whose EB application is pending. Super! Good luck with selling that Mark.
After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
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vhd999
11-25 06:43 PM
I am sure IV must have reveiwed these numbers before posting this analysis for public view.
If that is the case, I am clearly missing something here.
If that is the case, I am clearly missing something here.
more...
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chanduv23
11-09 04:16 PM
Me filed on July 18th, no FP yet, got 485 RN on September 11th and got EAD and AP but no FP notice
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wahwah
06-05 11:33 AM
since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
See this..from immigration-law.com
However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.
more...
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mmj
04-19 01:36 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
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kviswanathan
08-06 06:19 PM
My case
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
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Shirdibaba
11-04 06:01 PM
Hello nrk and others,
Did the agent Id match urs?
How soon did u get the appointment wt the Infopass aftre getting the letter?
Im still waiting to hear back frm our lawyer.
thnx
Did the agent Id match urs?
How soon did u get the appointment wt the Infopass aftre getting the letter?
Im still waiting to hear back frm our lawyer.
thnx
Redeye
12-13 11:19 PM
Understand that, but do you really think (s)he is worried about that at this moment any more than his next board meeting with the board members and CEO. Not increasing H1B quota itself and allowing lottery for highly skilled program, go figure sends some signal that they do not care if you graduate from MIT or from an unknown university in tahiti. How do you really test highly skilled??? by lottery?? dah!!!
From a senator or CIO level of view if you can get it cheap why not. It comes down to Toyota carolla or Mercedes CLS550 when you are only concerned about getting from point A to point B, enjoying the ride is not in question here.
From a senator or CIO level of view if you can get it cheap why not. It comes down to Toyota carolla or Mercedes CLS550 when you are only concerned about getting from point A to point B, enjoying the ride is not in question here.
pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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