HOPE_GC_SOON
08-02 03:13 PM
Folks,
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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prioritydate
12-20 07:05 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
GCard_Dream
12-28 12:26 PM
Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
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vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
more...
vin13
02-10 10:59 AM
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
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:
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
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:
BECsufferer
02-27 08:10 PM
Noway it is normal..
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
When was the last "normal" economic cycle when so many big banks failed...
Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.
Citi, BofA,Wells etc are all in trouble..
Would you believe Citi stock at 3 Bucks?
And it all started with Housing.
House prices never go down! Oh yeah.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
more...
logiclife
04-20 07:05 PM
Hi,
Is there something you need to show for entry at the event ?
Sorry if it is a dumb question..:confused: .I just joined today..
- Naresh
No you dont need to show anything. Just be there on time...
Is there something you need to show for entry at the event ?
Sorry if it is a dumb question..:confused: .I just joined today..
- Naresh
No you dont need to show anything. Just be there on time...
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StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
more...
thomachan72
04-11 10:06 AM
technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore
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sam_hoosier
01-18 04:52 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
more...
ramus
07-05 02:02 PM
Can we please stop this discussion and follow some action items...
Lets stop this now...
Thanks...
Lets stop this now...
Thanks...
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chanduv23
07-13 01:57 PM
A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
more...
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justAnotherFile
07-24 01:23 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
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vin
06-13 11:08 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
LOL. Come on man. No need to seriously justify so much! Looking at it, straightway anyone can make out that it was made to be a joke!
LOL. Come on man. No need to seriously justify so much! Looking at it, straightway anyone can make out that it was made to be a joke!
more...
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webm
03-17 04:56 PM
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
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willgetgc2005
02-14 05:37 PM
Berkeleybee,
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
more...
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chanduv23
11-11 03:47 PM
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.
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carpediem
05-15 11:08 PM
I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
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HOPE_GC_SOON
03-20 09:55 AM
Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over this same mentality which opposes EB reforms.
Grow up��
Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Grow up��
Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
abhijitp
07-25 09:37 AM
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
Bump... experts, please opine.
Bump... experts, please opine.
cool_desi_gc
03-17 04:15 PM
This clearly shows that EB3 India pipe is clogged becuase of lot of pending cases in 2001/02.Many of them are 245i cases as well.Once the PD crosses 2002, EB3 should go a little smoother.
BTW, mine is Dec 2002
BTW, mine is Dec 2002
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